(영문) 대구지방법원 2018.05.10 2017가단123987

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(영문) 대구지방법원 2018.05.10 2017가단123987

청구이의

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1. The Defendant’s Daegu District Court (Seoul District Court Decision 2014Gadan2195 Decided May 30, 2014) has an executory power over the loan case against the Plaintiff.

Reasons

1. Basic facts

A. The Defendant asserted that, on January 30, 2012, the Plaintiff leased KRW 70 million to his/her own Plaintiff with the due date set on December 31, 2013 without an interest agreement, and filed a lawsuit against the Plaintiff claiming a loan as the Daegu District Court 2014Gadan2195, and the said court proceeded with a written complaint and other service by public notice on the ground that the Plaintiff’s address cannot be known, and on May 30, 2014, “the Defendant (the Plaintiff in this case) shall pay to the Plaintiff (the Plaintiff in this case) the amount of KRW 70 million and the amount of money that is calculated at the rate of 20% per annum from March 26, 2014 to the date of full payment (hereinafter “instant judgment”). The said judgment became final and conclusive on June 17, 2014.

B. On June 17, 2015, the Defendant drafted a receipt to the Plaintiff stating that “A (the Plaintiff in this case) was entitled to receive KRW 70 million from the Plaintiff (the Defendant in this case)” (hereinafter “the receipt in this case”).

C. According to the instant judgment, the Defendant requested a seizure and collection order against the Plaintiff’s deposit claim against the Plaintiff Company C as Seoul Northern District Court 2016TTT15451, and received a seizure and collection order from the above court on September 26, 2016 (hereinafter “instant claim seizure and collection order”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 10 to 13, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff asserted that the loan amounting to KRW 70 million in the instant judgment is loaned by D, not the Defendant, and the mother, not the Defendant. As such, the issue of repayment of the said money was mentioned in the process of the agreement on the division of inherited property due to the death of the mother. Since the Defendant prepared the instant receipt and agreed on the repayment of all principal and interest of the loan to the Plaintiff, the Plaintiff’s obligation to the Defendant was extinguished.

On June 17, 2015, the defendant is limited to 70 million won by the plaintiff.

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